New Delhi, March 28 The Delhi High Court on Tuesday issued summons to Shiv Sena (UBT) chief Uddhav Thackeray, MP Sanjay Raut and MLA Aditya Thackeray in a defamation case filed by Maharashtra Chief Minister Eknath Shinde's aide Rahul Ramesh Shewale.
Shewale had filed the defamation suit against the three for certain statements alleging that the Shinde-led Shiv Sena faction bought the party symbol for Rs 2,000 crore.
While appearing for Shewale, senior advocate Rajiv Nayar prayed the court to pass an injunction order to restrain them from making any further defamatory claims, Justice Prateek Jalan said that an order will be passed only after having the response of parties.
"Mr Nayar, I am not for a moment commenting if the allegations are right or wrong... I am only saying that that question I'll determine after having an affidavit on recorda I don't want to pass a gag order on day one," the court said.
It has also sought response of the defendants, including Google and Twitter.
Justice Jalan listed the case for next hearing on April 17.
During the hearing on Tuesday, the court orally remarked: "These are political fights going on... As far as the institutions are concerned, they have to stand for themselves. The Election Commission's shoulders are broad enough to deal with all this. Like the courts, people say all kinds of things about the courts."
On Nayar asking the judge if the defendants' conduct shocks his conscience, Justice Jalan said: "The question is, is a person entitled to shock my conscience? The question is not whether it shocks my conscience or not. The question is that in the free marketplace of ideas, are people entitled to say things which might shock my conscience? Ultimately he will have to stand on his own legs."
The court added that it wants to give an opportunity to the defendants and go through their responses before giving a prima facie finding at this stage of issuance of summons.
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